Malta

Länderinfos

Malta

1. International Family Mediation

Family mediation, in Malta, is legally recognised, commonly implemented and encouraged by the State. According to the Mediation Act (2004), family mediation is obligatory in cases of divorce as well as in cases where a child was born in an unmarried couple. Family mediation is ordered by the courts of Malta and once an application for mediation is filed, the court assigns a mediator. However, parties can choose a private mediator instead of using the one provided by the court. The Malta Mediation Center provides a list of accredited family mediators that you can find here.

There is, to our knowledge, no specialised structure for international family mediation in Malta, however, the Central Authority or a court of Malta assign a cross-border case to a national social welfare agency that is a part of the Foundation for Social Welfare Services (FSWS).

2. International Legal Framework

1) Malta is a Party to the 1980 Hague Convention.

The 1980 Hague Convention: a multilateral treaty, which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.

The 1996 Hague Convention: a multilateral treaty, which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children.

Brussels IIA: a legal instrument of the European Union to help resolve family disputes involving more than one country, over divorce, all parental responsibilities and, in particular, the custody of children. Brussels IIA is a regulation applicable to all European Union Member states (except Denmark). The regulation prevails over the 1996 Hague Convention in cases where the child’s habitual residence is within a European Union Member state (except Denmark). Please be aware that if a decision on access and/or custody rights is taken by a court from the European Union, the regulation foresees that a State Party to the 1996 Hague Convention must recognise the court decision.

Contact the Central Authority established in Malta designated under the 1996 Hague Convention for cases of dispute concerning cross-border parental responsibilities and rights of contact with children.

Aditus Foundation offers pro bono legal services to persons encountering difficulties in securing their human rights. The foundation provides information and advice in various themes such as family reunification, employment, civil status, and discrimination. You can contact them directly here.

Aġenzija Appoġġ is a national agency providing free-of-charge psycho-social services to children and families in difficulties as well as in cases of domestic violence. The agency also offers Positive Parenting programmes that support parents to develop their parenting skills. You can contact its head office directly here.

Women Rights Foundation is a voluntary organisation, which provides free legal advice and initial legal representation to women who are survivors of domestic violence, sexual assault, human trafficking and discriminated against due to their gender. You can contact them directly here.

MGRM is a non-governmental organisation that offers Social Work Services supporting and informing individuals and families who identify themselves as a part of the LGBTIQ community.

4. Child Welfare Services

Aġenzija Appoġġ is a national agency providing free-of-charge psycho-social services to children and families in difficulties as well as in cases of domestic violence. You can contact its head office directly here.

Free Childcare Scheme is an initiative where the government provides free childcare services to parents/guardians who are in employment or are pursuing their education, with the aim to help families achieve a work-life balance. The childcare service is either provided directly through government services or through Registered Childcare Centres to parents/guardians that have a child from 3 months up to 3 years of age.

Home-Start Malta is a non-profit organisation providing home-visiting and practical assistance to parents with young children under 5 years of age. Its volunteers provide free-of-charge and confidential support to parents.

5. Support to Bi-National Couples, Cross-Cultural and Migrant Families

The Jesuit Refugee Service in Malta (JRS Malta) specialises in the field of legal assistance and social work services (including health care and psychological support) to asylum seekers and refugees. The JRS Malta team includes lawyers, social workers, nurses, priests, religious and cultural mediators. Assistance is provided regardless of race, ethnic origin or religious belief. You can contact the JRS Malta directly here.

Aditus Foundation offers pro bono legal information and advice to refugees. The foundation provides information and assistance in various themes such as asylum applications and appeals, Dublin III, documentation, family reunification, employment, civil status, and discrimination. You can contact them directly here.

Malta Emigrants' Commission is a non-governmental non-profit organisation, which offers free social services and counselling to migrants, mixed couples and refugees.

The People for Change Foundation (PfC) is a Malta-based human rights think tank providing advice to asylum seekers and their lawyers, particularly those facing return to Malta under the Dublin III system. You can contact them directly here.

Kopin (Koperazzjoni Internazzjonali) is a non-governmental organisation providing social and educational services to asylum-seeking children and women. These services apply a child and human rights-based approach. You can contact them directly here.

In case of parental child abduction, please contact 116 000, a European hotline supporting missing children and families with free and immediate psychosocial, legal and administrative support 24/7. 116 000 is part of Missing Children Europe, a federation of 31 supporting structures in 27 countries of Europe.

The EU Emotional Support Helpline 116 123 offers emotional support to callers suffering from loneliness, those who find themselves in a state of psychological crises, and those who require emotional support due to various life situations they might be encountering.

The EU Child Helpline 116 111 offers help and support for children and young people. The services enable children and young people to find solutions to their problems and link them to others services and resources.

The Supportline 179 is a national helpline offering support, information about local social welfare services and other agencies as well as a referral service. It is also a national service to people who are in times of difficulty or crisis as well as in situations of child abuse, domestic violence, drug/alcohol/gambling problems.

is a service that provides young people aged 13-30 years with anonymous and confidential psychological support offered by a team of professionally trained operators 24/7 through an application SmartMessaging, e-mail, forum or chats.

Youth Information Malta is a web portal, which includes general information compiled specifically for young people in collaboration with government directorates, agencies and non-governmental organisations.

Useful brochures / Documents of reference:

Useful guides for parents concerning mediation practice and child abduction prevention can be found in our Library.